This coordinate bench allowed a writ petition following a recent similar decision and upheld the CBSE's policy complying with the Supreme Court in Jigya Yadav, directing corrections in order-sheets.
Petition allowed; respondents directed to proceed with application and make corrections within two months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 24563/2018
Harsh Tiwari S/o Shri Anil Dadhich, Aged About 20 Years, R/o 192, Milap Nagar, Near Jaipuriya Hospital, Durgapura, Jaipur
----Petitioner
----Respondents
| For Petitioner(s) | : Mr. Devanshu Sharma(through VC) |
|---|---|
| For Respondent(s) | : Mr. M.S. Raghav(through VC) |
HON'BLE MR. JUSTICE SAMEER JAIN
Order
08/02/2022
Learned counsel for the respondents Mr. M.S. Raghav submits that the similar controversy has been adjudicated by Coordinate Bench of this Court on 31.08.2021 in SBCWP No.6336/2020 titled Raghav Khandelwal Vs. Chairman Central Board of Secondary Education & Ors. The said judgment has relied upon Apex Court directions rendered in land mark judgment of Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) Vs. CBSE (Central Board of Secondary Education) & Ors. reported in (2021) 7 SCC 535 . Counsel fairly submits that the CBSE has taken a policy decision to follow the dictum of Apex Court judgment.
(2 of 2)
[CW-24563/2018]
In the light of above, respectfully following the Coordinate
Bench judgment dated 31.08.2021, this Court allows the writ
petition with the following directions:-
The respondents are directed to proceed with the application/representation moved by the petitioners and expeditiously making necessary corrections within a period of two months. Suitable corrections may be carried out by the respondents in the respective order-sheets/certificates accordingly.
In the light of above, the writ petition is disposed of.
All pending applications stand disposed of.
(SAMEER JAIN),J
Arun/29
1 issue framed by the court
Whether the writ petition challenging the CBSE's procedures should be allowed after following the coordinate bench decision.
Colour shows how this judgement treated each authority
Raghav Khandelwal Vs. Chairman Central Board of Secondary Education & Ors.Followed¶13
SBCWP No.6336/2020
Harsh Tiwari
Central Board Of Secondary Education
The Regional Director, Central Board Of Secondary Education
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
